Title 20EducationRelease 119-73not60

§6321 Fiscal Requirements

Title 20 › Chapter 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter I— IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED › Part A— Improving Basic Programs Operated by Local Educational Agencies › Subpart 1— basic program requirements › § 6321

Last updated Apr 5, 2026|Official source

Summary

Local school districts can get money under this law only if the state education agency says the district kept up its required level of spending under section 7901. Federal money must be used to add to state and local money, not replace it. A district must show that the way it divides state and local funds makes sure each school getting federal help still gets all the state and local money it would have had without the federal funds. Districts do not have to mark individual costs as “supplemental” or use a specific teaching method or setting. The U.S. Secretary cannot force a district to use a particular funding method. A district must meet the showing rule in paragraph (2) no later than 2 years after December 10, 2015, but may use its pre‑December 10, 2015 method until then. State or local funds used in schools getting federal help must, as a whole, be at least comparable to services in schools not getting federal help; if every school in the district gets help, services must be substantially comparable in each school. A district can meet this by filing a written assurance that it has a districtwide salary schedule, a policy to keep teacher/administrator/staff assignments equivalent across schools, and a policy to keep curriculum materials and supplies equivalent. When checking per‑pupil spending or instructional salaries, years‑of‑service pay differences are not counted. Districts may ignore unpredictable enrollment or staffing changes after the school year starts. Districts must create procedures, keep records updated every two years, and may exclude small districts with only one building per grade span. Districts may also exclude state or local funds spent on language instruction programs or on the extra costs of educating children with disabilities. States or districts may also leave out supplemental state/local funds spent for programs that match the purpose of this part when doing these calculations.

Full Legal Text

Title 20, §6321

Education — Source: USLM XML via OLRC

(a)A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with section 7901 of this title.
(b)(1)A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2)To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
(3)No local educational agency shall be required to—
(A)identify that an individual cost or service supported under this part is supplemental; or
(B)provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).
(4)Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.
(5)A local educational agency—
(A)shall meet the compliance requirement under paragraph (2) not later than 2 years after December 10, 2015; and
(B)may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before December 10, 2015.
(c)(1)(A)Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part.
(B)If the local educational agency is serving all of such agency’s schools under this part, such agency may receive funds under this part only if such agency will use State and local funds to provide services that, taken as a whole, are substantially comparable in each school.
(C)A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span basis or a school-by-school basis.
(2)(A)A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i)a local educational agency-wide salary schedule;
(ii)a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii)a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
(B)For the purpose of this subsection, in the determination of expenditures per pupil from State and local funds, or instructional salaries per pupil from State and local funds, staff salary differentials for years of employment shall not be included in such determinations.
(C)A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining comparability of services under this subsection.
(3)Each local educational agency assisted under this part shall—
(A)develop procedures for compliance with this subsection; and
(B)maintain records that are updated biennially documenting such agency’s compliance with this subsection.
(4)This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.
(5)For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—
(A)language instruction educational programs; and
(B)the excess costs of providing services to children with disabilities as determined by the local educational agency.
(d)For the purpose of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6321, Pub. L. 89–10, title I, § 1120, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3557, related to participation of children enrolled in private schools, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1118 of Pub. L. 89–10 was renumbered section 1116 and is classified to section 6318 of this title. Another prior section 1118 of Pub. L. 89–10 was classified to section 6319 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 1012(1), made technical amendment to reference in original act which appears in text as reference to section 7901 of this title. Subsec. (b). Pub. L. 114–95, § 1012(2), added subsec. (b) and struck out former subsec. (b) which consisted of pars. (1) and (2) relating to general use of funds only to supplement and not to supplant non-Federal funds and special rule that no local educational agency be required to provide services through a particular instructional method or in a particular instructional setting.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 6321

Title 20Education

Last Updated

Apr 5, 2026

Release point: 119-73not60